NSW Caselaw
New South Wales Supreme Court
CITATION : GLENORCY PTY. LIMITED & ORS v. LAW SOCIETY OF NEW SOUTH WALES [2005] NSWSC 300
HEARING DATE(S) : 31/05/04
JUDGMENT DATE : 15 April 2005
JURISDICTION : COMMON LAW
JUDGMENT OF : Greg James J at 1
DECISION : Determine "interest on interest" prohibition does not apply to plaintiffs' claims, otherwise parties to provide any further submissions within 7 days of the publication of this judgment.
CATCHWORDS : Appeal against Law Society's disallowance of claims on Fidelity Fund - whether claims include an interest component - whether interest under Supreme Court Act may be allowed.
Legal Profession Act 1987 LEGISLATION CITED : Supreme Court Act 1970 Supreme Court Rules 1970
PARTIES : GLENORCY PTY. LIMITED & ORS v. LAW SOCIETY OF NEW SOUTH WALES
FILE NUMBER(S) : SC No. 11678 of 2000
Pltff: G. Lindsay, SC./M. Herschderfer Deft: S. Epstein, SC.
COUNSEL :
Pltff: Freehills SOLICITORS : Deft: A.S. Brown
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GREG JAMES, J.
15 APRIL 2005
No. 11678 of 2000
GLENORCY PTY. LIMITED & ORS v. LAW SOCIETY OF NEW SOUTH WALES
JUDGMENT
1 HIS HONOUR: On the 31 May 2004 I published a judgment upholding the appeal of the plaintiff and allowing the plaintiff's claims. At paragraphs 81 and 82 of that judgment I said:- 81. "I therefore conclude that for the reasons I have given, the appeal should be upheld and that the appropriate orders should be made to allow the various claims of the plaintiffs. However, in case there is some necessary adjustment to the amount of those claims and for the purpose of ensuring the orders I will make are appropriate in form, I direct the parties to bring in short minutes to give effect that intent." 82. "There appears no reason why the plaintiffs, having been fully successful, should not have an order for costs, but I will defer making that order to permit further argument if the parties consider it appropriate. Otherwise, costs should be provided for in the short minutes."
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